Article 1(Purpose) #
The purpose of this Act is to prescribe matters necessary to support the livelihood of Korean employees of the U.S. Armed Forces in Korea when the conclusion of the Agreement between the Republic of Korea and the United States of America (hereinafter referred to as the "Special Agreement on Defense Divisions") concerning Special Measures Article 5 of the Agreement under Article 4 of the Mutual Defense Treaty between the Republic of Korea and the United States of America on Facilities and Areas and the Status of United States Armed Forces in the Republic of Korea is delayed.
Article 2(Definitions) #
The term "Korean worker belonging to the U.S. Armed Forces in Korea" in this Act means any of the following persons:
1. An employee who is a national of the Republic of Korea recruited under the Agreement under Article IV of the Mutual Defense Treaty between the Republic of Korea and the United States of America on Facilities and Areas and the Status of United States Armed Forces in the Republic of Korea;
2. Employees under Article 1 of the Agreement on the Status of the Korean Service Agency between the Republic of Korea and the United States of America.
Article 3(Payment of Subsidies) #
(1) The State may grant subsidies to Korean workers in the U.S. Armed Forces in accordance with this Act during the period when wages are not paid to Korean workers in the U.S. Armed Forces in Korea because the existing Special Agreement on Defense Divisions has ended and the next Special Agreement on Defense Divisions has not entered into force.
(2) The subsidies paid pursuant to paragraph (1) shall be the amount under Article 46 (1) 1 of the Employment Insurance Act.
(3) Necessary matters concerning the detailed calculation of subsidies under paragraphs (1) and (2), methods of payment, period of payment, etc. shall be prescribed by Presidential Decree in accordance with the purpose of the Employment Insurance Act.
Article 4(Application for Payment of Subsidies) #
When a Korean worker belonging to the U.S. Armed Forces Korea intends to receive a subsidy under this Act, he or she shall file an application for the payment of the subsidy with the Minister of National Defense in writing, along with relevant evidential documents, as prescribed by Presidential Decree.
Article 5(Decision of Subsidies) #
The Minister of National Defense shall conduct a fact-finding investigation within 30 days from the date of receipt of an application for payment of subsidies and decide whether to pay subsidies and the amount of subsidies.
Article 6(Service of Written Decision) #
(1) When the Minister of National Defense decides whether to pay a subsidy, he or she shall serve an authentic copy of the written decision on the applicant within 7 days.
(2) The provisions of the Civil Procedure Act governing service shall apply mutatis mutandis to service under paragraph (1).
Article 7(Objection against Decision to Pay Subsidies) #
(1) The Korean worker of the U.S. Armed Forces Korea who has an objection to a decision made by the Minister of National Defense pursuant to Article 5 may file an objection with the Minister of National Defense within seven days from the date he or she is served with the original copy of the written decision on subsidies.
(2) The Minister of National Defense shall make a decision on the objection within 7 days from the date of receipt of the objection and notify the applicant of the result thereof in writing without delay: Provided, That where it is impossible to make the decision within 7 days due to unavoidable reasons, the Minister of National Defense may extend the period by up to 7 days and notify the applicant of the grounds for such extension in writing.
(3) Matters necessary for the procedures for filing an application, notification of decision, etc. under paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of National Defense.
Article 8(Procedures for Bearing Expenses and Paying Expenses) #
(1) Expenses incurred in granting subsidies, etc. under this Act shall be borne by the State.
(2) Necessary matters concerning procedures, etc. for payment of subsidies shall be prescribed by Presidential Decree.
Article 9(Recovery and Prescription of Subsidies) #
(1) Where a person who has received a subsidy under this Act falls under any of the following cases, the State may fully or partially recover the subsidy:
1. Where he or she has received subsidies by fraud or other improper means;
2. Where an erroneous payment is made beyond the standards prescribed by this Act.
(2) Where recovery is made pursuant to paragraph (1), if a person who is to return it fails to return it within a fixed period, it shall be collected in the same manner as delinquent national or local taxes are collected.
(3) The right to receive subsidies under this Act shall be extinguished upon completion of prescription unless it is exercised within 3 years from the date on which the authentic copy of the written decision on subsidies is served on the applicant.